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insightVirginia’s Certificate of Public Need (“COPN”) law has been the subject of considerable debate in the General Assembly, in the media, and in federal court.
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insightWhen employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if the employer determines it may take an “adverse action” based in whole or in part on the information in the consumer report
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insightThe U. S. Court of Appeals for the Sixth Circuit, sitting en banc, has overturned the decision of a divided three-judge Sixth Circuit panel which had affirmed the district court’s award of $3.8 million of “disgorged” profits, in a case involving the denial of long-term disability benefits.
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insightOn January 23, 2020, the State and Commerce Departments published their long-awaited final regulations on the transfer of certain firearms, ammunition, components and accessories from controls under the International Traffic in Arms Regulations (“ITAR”) to the Export Administration Regulations (“EAR”).
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insightWhen the COVID-19 outbreak shuttered businesses, schools and local government offices, Americans quickly turned to online alternatives that allowed us to continue working, learning, and meeting in safe and accessible virtual environments.
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insightUnder the Coronavirus Aid, Relief, and the Economic Security Act (CARES Act), two loan programs are available to eligible businesses severely impacted by the Coronavirus (COVID-19) emergency: the enhanced Economic Impact Disaster Loan (EIDL) program and the new Paycheck Protection Program (PPP).
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insightCFIUS has adopted a series of new amendments to its regulations that significantly expand its jurisdiction in the M&A process.
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insightFollowing a $200 million appropriation by Congress in the CARES Act, the Federal Communications Commission (FCC) has voted to adopt FCC Chairman Ajit Pai’s “COVID-19 Telehealth Program” to immediately allow eligible health care providers to apply for funding for telehealth equipment and services to combat COVID-19.
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insightOn January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial imaging. Under the new controls an export license will be required for the export and reexport of the controlled software to all countries except Canada, effective immediately.
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insightThe State Department has adopted an important new ITAR amendment confirming that if controlled technical data is encrypted using end-to-end encryption, the transfer of such data outside the U.S. is not considered an export and does not require an export license if it meets the requirements under the amendment. This provides great flexibility and regulatory relief for companies in managing ITAR-controlled technical data on a worldwide basis, including in a foreign cloud environment.